My three-week trial ended late last week, with a successful jury verdict. But June was a very busy month in the world of New Jersey appellate practice, with numerous important decisions by the federal and state appellate courts. Some of ...
Templin v. Independence Blue Cross, 785 F.3d 861 (3d Cir. 2015). “A party seeking attorney’s fees under ERISA [the Employees Retirement Income Security Act] must show ‘some success’ on the merits. Here, the District Court incorrectly defined ‘some success’ by ...
Lehman Brothers Holdings, Inc. v. Gateway Funding Diversified Mortgage Services, L.P., 785 F.3d 96 (3d Cir. 2015). Federal Rule of Appellate Procedure 10 requires an appellant to “order … a transcript of such parts of the proceedings not already on ...
Byrd v. Aaron’s Inc., 784 F.3d 154 (3d Cir. 2015). In this case under the Electronic Communications Privacy Act, 18 U.S.C. §2511, there were “objective records” that could “readily identify” class members. Indeed, defendant’s own records revealed the computers on ...
Bohus v. Restaurant.com, Inc., 784 F.3d 918 (3d Cir. 2015). [Disclosure: I argued this appeal for plaintiffs in this case]. Retroactivity of judicial opinions is sometimes a difficult question. The general rule is that judicial decisions are retroactive, not prospective ...
Lawyers, and their clients, often want to file longer appellate briefs than the rules allow, or than judges desire. When the length of appellate briefs was governed by page limits, some briefs began to appear with text, which had to ...
In re Blood Reagents Antitrust Litigation, 783 F.3d 183 (3d Cir. 2015). In Comcast Corp. v. Behrend, 133 S.Ct. 1426 (2013), discussed here, the Supreme Court reversed the 2011 decision of the Third Circuit in Behrend. In that decision, the ...
On his CA3Blog, Matthew Stiegler has this analysis of recently published Administrative Office of the Courts statistics that discuss the percentage of opinions issued by various Circuit Courts of Appeals that are designated for publication. That analysis reveals that the ...
As discussed here, the Third Circuit previously published proposed disciplinary rules for comment. Having received a number of comments, the Third Circuit has now issued revised proposed rules, which are available here, for public comment. The revised proposed rules are ...
Torre v. Liberty Mutual Fire Ins. Co., 781 F.3d 651 (3d Cir. 2015). This per curiam opinion deals with insurance coverage for the removal from plaintiffs’ land of Hurricane Sandy-generated debris (sand and other debris) not owned by plaintiffs. The ...